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A10469 Summary:

BILL NOA10469
 
SAME ASNo Same As
 
SPONSORWalsh
 
COSPNSR
 
MLTSPNSR
 
Amd §812, Fam Ct Act; amd §530.11, CP L
 
Allows orders of protection to be issued for persons where one such person is the spouse or intimate partner of such other person's former spouse or former intimate partner.
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A10469 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10469
 
                   IN ASSEMBLY
 
                                      March 6, 2026
                                       ___________
 
        Introduced  by M. of A. WALSH -- read once and referred to the Committee
          on Judiciary
 
        AN ACT to amend the family court act and the criminal procedure law,  in
          relation to orders of protection
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraphs (e) and (f) of subdivision 1 of section  812  of
     2  the family court act, as amended by chapter 541 of the laws of 2024, are
     3  amended and a new paragraph (g) is added to read as follows:
     4    (e)  persons  who are not related by consanguinity or affinity and who
     5  are or have been in an intimate relationship regardless of whether  such
     6  persons  have lived together at any time. Factors the court may consider
     7  in determining whether a  relationship  is  an  "intimate  relationship"
     8  include  but  are  not  limited  to: the nature or type of relationship,
     9  regardless of whether the relationship is sexual in nature; the frequen-
    10  cy of interaction between the persons; and the duration of the relation-
    11  ship. Neither a casual acquaintance nor ordinary fraternization  between
    12  two  individuals  in  business  or  social  contexts  shall be deemed to
    13  constitute an "intimate relationship"; [and]
    14    (f) persons who are related by consanguinity or  affinity  to  parties
    15  who are or have been in an intimate relationship as defined in paragraph
    16  (e) of this subdivision[.]; and
    17    (g)  persons  who  are not related by consanguinity or affinity, where
    18  one such person is the spouse or intimate partner of such other person's
    19  former spouse or former intimate partner. For the purposes of this para-
    20  graph, the term "intimate partner" shall mean a relationship  where  two
    21  individuals are in an intimate relationship, as defined by paragraph (e)
    22  of this subdivision.
    23    §  2. Paragraphs (e) and (f) of subdivision 1 of section 530.11 of the
    24  criminal procedure law, as amended by chapter 541 of the laws  of  2024,
    25  are amended and a new paragraph (g) is added to read as follows:
    26    (e)  persons  who are not related by consanguinity or affinity and who
    27  are or have been in an intimate relationship regardless of whether  such
    28  persons  have lived together at any time. Factors the court may consider
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14688-01-6

        A. 10469                            2
 
     1  in determining whether a  relationship  is  an  "intimate  relationship"
     2  include  but  are  not  limited  to: the nature or type of relationship,
     3  regardless of whether the relationship is sexual in nature; the frequen-
     4  cy of interaction between the persons; and the duration of the relation-
     5  ship.  Neither a casual acquaintance nor ordinary fraternization between
     6  two individuals in business  or  social  contexts  shall  be  deemed  to
     7  constitute an "intimate relationship"; [and]
     8    (f)  persons  who  are related by consanguinity or affinity to parties
     9  who are or have been in an intimate relationship as defined in paragraph
    10  (e) of this subdivision[.]; and
    11    (g) persons who are not related by consanguinity  or  affinity,  where
    12  one such person is the spouse or intimate partner of such other person's
    13  former spouse or former intimate partner. For the purposes of this para-
    14  graph,  the  term "intimate partner" shall mean a relationship where two
    15  individuals are in an intimate relationship, as defined by paragraph (e)
    16  of this subdivision.
    17    § 3. This act shall take effect immediately.
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